United States Court of Appeals For the Eighth Circuit ___________________________ No. 20-3737 ___________________________ Hasan Elias Hesso, lllllllllllllllllllllPetitioner, v. Merrick B. Garland, Attorney General of the United States, lllllllllllllllllllllRespondent. ____________ Petition for Review of an Order of the Board of Immigration Appeals ____________ Submitted: October 19, 2021 Filed: February 9, 2022 ____________ Before COLLOTON, SHEPHERD, and KELLY, Circuit Judges. ____________ COLLOTON, Circuit Judge. Hasan Elias Hesso petitions for review of an order of the Board of Immigration Appeals upholding the denial of his motion to reopen proceedings and to rescind an order of removal entered in absentia. We conclude that the agency did not abuse its discretion, so we deny the petition. Hesso, a native of Syria and citizen of Iraq, was admitted to the United States as a refugee in 2000. He became a lawful permanent resident in 2008, and applied for citizenship in 2016. During a citizenship interview, Hesso said the only time that he had been arrested, cited, or detained by law enforcement was “for missing school.” As it turns out, he had accumulated several criminal convictions, including for multiple drug offenses, during his time in the United States. Citing Hesso’s failure to “disclose [his] extensive criminal history” and his lack of “good moral character,” the Department of Homeland Security denied his application for citizenship. In 2019, the Department charged Hesso as removable based on his prior drug convictions. See 8 U.S.C. § 1227(a)(2)(B)(i). To initiate removal proceedings, the government must provide written notice “in person to the alien (or, if personal service is not practicable, through service by mail to the alien or to the alien’s counsel of record, if any).” Id. § 1229(a)(1). Service by “regular mail” is sufficient. 8 C.F.R. § 1003.13. If an alien is provided sufficient written notice of his removal hearing and fails to appear, then he “shall be ordered removed in absentia if the Service establishes by clear, unequivocal, and convincing evidence that the written notice was so provided and that the alien is removable.” 8 U.S.C. § 1229a(b)(5)(A). The Department sent a notice to appear by regular mail to the address that Hesso provided: 5330 Leighton Avenue, Apartment 3, in Lincoln, Nebraska. The notice stated that Hesso was required to appear at the Omaha immigration court on October 30 “to show why [he] should not be removed from the United States.” The immigration court later rescheduled the hearing to November 20. After the postponement, the immigration court mailed a notice of the new date and time to Hesso at the Leighton Avenue address. See id. § 1229(a)(2). Hesso failed to appear in immigration court on November 20. The immigration judge ordered him removed in absentia to Iraq. The immigration court mailed the removal order to the Leighton Avenue address. -2- In April 2020, Hesso moved to reopen the proceedings and to rescind the removal order. See id. § 1229a(b)(5)(C)(ii). He argued that he had not received the notices to appear, because he had moved to Arizona in July 2019 after …
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